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2025 DAILYLAW 99885 (ALL)

RAJ KISHOR MISHRA v. STATE OF U.P. AND ANOTHER

TACR/586/2024 · 2025-04-20

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58422 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 586 of 2024 Applicant :- Raj Kishor Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 of Criminal Procedure Code seeking transfer of Session Trial No.190 of 2015, titled State Vs. Raj Kishor Mishra, under Section 460 I.P.C., Police Station Ghatampur, District- Kanpur Nagar, pending in the court of Session Judge, Kanpur Dehat to the other competent court of jurisdiction at district Kanpur Dehat. No one has appeared on behalf of the applicant. A perusal of the petition would reveal that the applicant is seeking transfer of subject trial pending in the court of Sessions Judge, Kanpur Dehat to some other court of competent jurisdiction. As per the averements, the final arguments have already been addressed by the parties on 27th August, 2024 and it is apprehended by the applicant that as the case has not been decided so far, it is likely to lean in favour of the prosecution. A similar prayer made before the Sessions Judge for transfer to the case has already been dismissed vide order dated 29th August, 2024. Thus, considering the above background, this Court is not inclined to transfer the case as the apprehension expressed by the applicant is without basis. This application is dismissed. Order Date :- 21.4.2025/Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad